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What are the seven major things to pay attention to in trademark registration and trademark transfer?

1. When applying for trademark registration, you should fill in the form according to the published goods and service classification table. Each trademark registration application should be submitted to the Trademark Office. Trademark registration matters: 1 copy of the "Trademark Registration Application" and 1 copy of the trademark pattern; if applying for trademark registration with a color combination or colored pattern, the colored pattern should be submitted, and the black and white One copy of the manuscript is required; if the color is not specified, a black and white drawing should be submitted. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Each trademark application for any registration matter is regarded as one application, and the application documents for the corresponding matters should be submitted and the fees should be paid as required.

 

Two forms of trademark transfer

Trademark transfer generally takes the following forms: contractual transfer, inheritance transfer, and transfer due to administrative orders. When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and submit applications to the Trademark Office at the same time. Transfer registration must be handled by the transferee. After the trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

Trademark transfer process

The trademark transfer process includes: application → acceptance → review → announcement → issuance of transfer certificate.

Documents required for trademark transfer

A. "Transfer Application/Registered Trademark Application";

B. Identity documents of the transferor and transferee (Copy);

C. If entrusting an agent, submit the "Authorization Letter" issued by the transferee, and if applying directly in the acceptance hall, submit the original and copy of the ID card of the transferee's handler;

D. If applying for transfer, relevant supporting documents should also be submitted;

E. If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should also be provided.

Trademark transfer time

It takes about 6-10 months.

Methods to apply for trademark transfer

(1) Entrust a nationally recognized trademark agency to handle the matter;

(2) The applicant directly goes to the Trademark Office for trademark registration Come to the lobby.

Notes on trademark transfer

1. When transferring a registered trademark, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together. Applications for transfer of registered trademarks should not be likely to cause misunderstanding, confusion or other adverse effects.

2. After the transfer application is submitted, for the transfer application that meets the acceptance conditions, the Trademark Office will issue an "Acceptance Notice" to the transferee; at the same time, it will send the transfer trademark to the registrant according to the address of the registrant recorded in the Trademark Office. (Except registrants from foreign countries and my country’s Hong Kong, Macao and Taiwan regions) Send a copy of the “Notification of Acceptance”. If the application does not meet the conditions for acceptance, the application will not be accepted and a "Notice of Non-Acceptance" will be issued to the assignee.

3. If the transfer application requires supplements and corrections, the Trademark Office will issue a notice of supplements and corrections to the transferee (if it is handled directly, it will be sent to the transferee by mail according to the address filled in on the application form; through an agent) (sent to the agency organization), requiring the applicant to make corrections within a time limit. If the applicant fails to make corrections as required within the prescribed time limit, the Trademark Office has the right to regard the transfer application as abandoned or not to approve it.

4. After the transfer application is approved, if it is processed directly, the Trademark Office will send the transfer certificate to the transferee by mail according to the address filled in the application form. If it is handled through an agent, it will be sent to the agency organization. For registered trademarks, publish an announcement on the transfer of the trademark. The date of signature on the certificate is the date of announcement, and the assignee shall enjoy the exclusive right to use the trademark from that date.

5. If the transfer application is deemed to be abandoned or disapproved, the Trademark Office will issue a "Notice of Deemed Abandonment" or a "Notice of Disapproval".

6. If there are multiple transferees in the transfer application***, the relevant notice or certificate from the Trademark Office will only be issued to the representative. If anyone else needs proof, they should apply for a reissue.

7. If the applicant entrusts a trademark agency to handle the transfer application, the Trademark Office will send all documents to the trademark agency.

8. The category of the application should be filled in according to the international classification category approved by the "Trademark Registration Certificate".